Terms of Use

Terms of Use

Welcome to givens.org. This website (Site) is owned and operated by The Givens Foundation for African American Literature (The Givens Foundation). It is provided for general informational, educational, and awareness purposes and other various services, subject to the terms and conditions set forth in this document (Terms of Use).

By accessing this Site, you agree to comply with and are bound by these Terms of Use. The Givens Foundation reserves the right to change or modify the Terms of Use without notice at any time. Any changes or modifications will be effective upon including the revisions and changes on this page on the Site. Your continued use of this Site after we have posted revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use.

Entire AgreementThis Terms of Use (together with the Givens Foundation’s Privacy Policy as published on our website and any click-through agreement to which you may be subject) contain the entire understanding and agreement between the parties and supersedes any and all prior communications, negotiations and agreements, whether oral, written, or electronic, between the parties.

Intellectual Property and CopyrightThe content, organization, graphics, design, and other matters related to the Site are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Site is strictly prohibited, without our express prior written permission.

Deleting and ModificationWe reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site, including this Agreement.

IndemnificationYou agree to indemnify, defend and hold us, our officers, our partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

User ContentIn these Terms of Use, User Content refers to all of the text, photographs, images, illustrations, graphics, sounds, video, and other content posted by you and other users on or through this Site using the social networking tools the Givens Foundation makes available and to individuals who have acquired a username and password for this Site. You shall be solely responsible for User Content you submit and the consequences of The Givens Foundation’s posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize The Givens Foundation to use all Content; and (ii) you have the written consent, release, or permission to use the name, image or likeness of each individual identified in the User Content.

Because we do not control User Content posted on this site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability or quality of that user Content. By accessing this Site you agree and understand that you may encounter User Content that you consider objectionable. The Givens Foundation has no responsibility for that User Content, including without limitations any errors or omissions therein.

The Givens Foundation reserves the right to monitor all User Content. We reserve the right to require that you avoid certain subjects if we believe that doing so will help ensure compliance with applicable laws. The Givens Foundation reserves the right, but does not assume the obligation, to remove any User Content at any time without notice at our sole and absolute discretion.

The Givens Foundation does not knowingly permit copyright infringing activities and infringement of intellectual property rights on this Site, and will remove all Content or User Content if properly notified that such infringement has occurred.

If you are a copyright owner or agent thereof and believe that any Content or User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (the "DMCA") by providing The Givens Foundation the following information in writing: (i) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics); (iv) your name, address, telephone number, and e-mail address, and, if you are not the owner of the copyright, the name of the owner; (v) a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Your statement may be sent to Webmaster Copyright Agent, The Givens Foundation for African American Literature, 5775 Wayzata Blvd., Suite 700, St. Louis Park, MN 55416.

TrademarksThe Givens Foundation’s name, trademarks, service marks, brand names, and logos (collectively "The Givens Foundation’s Marks") appearing on this Site are owned by The Givens Foundation for African American Literature and others. You are not authorized to display or use The Givens Foundation’s Marks in any manner without expressed permission.

Links to Third Party SitesThis Site may provide links to other websites maintained by third parties. You acknowledge and agree that such links are provided for your convenience only and do not reflect endorsement, affiliation, relationship or sponsorship by The Givens Foundation with respect to the provider of such links or the quality, reliability or other characteristic feature of such linked site. The Givens Foundation is not responsible in any manner for damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products or other material on or available from such sites.

Liability DisclaimerThe Givens Foundation AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES PROVIDE THIS SITE "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

The Givens Foundation AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES DO NOT WARRANT THAT THE OPERATION OF THIS SITE, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, The Givens Foundation DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Givens Foundation DOES NOT WARRANT THAT THIS SITE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of LiabilityUNDER NO CIRCUMSTANCES SHALL The Givens Foundation OR ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, OR AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE.

Governing LawThis Agreement is made in and shall be governed and construed by the laws of the State of Minnesota, United States of America, without reference to conflicts of laws. If you access this site from locations outside Minnesota or the United States, you are voluntarily and purposefully availing yourself of the laws of the State of Minnesota, United States of America, and you are solely responsible for compliance with all your local laws. Access to the Site from locations where the Site's contents may be unlawful is prohibited.

Major support for The Givens Foundation activities is provided by Givens Foundation individual donors, The Edward J. Phillips Family Foundation, Richard M. Schulze Family Foundation, Target Foundation. This activity is made possible by voters of Minnesota through grants from the Minnesota State Arts Board Operating Support grant and the Metropolitan Regional Arts Council, thanks to a legislative appropriation from the arts and cultural heritage fund.